GR 224127; (August, 2018) (Digest)
G.R. No. 224127 . August 15, 2018
BENEDICTO O. BUENAVENTURA, JR., PETITIONER, V. CAREER PHILIPPINES SHIPMANAGEMENT, INC., COLUMBIA SHIPMANAGEMENT LTD., AND SAMPAGUITA D. MARAVE, RESPONDENTS.
FACTS
Petitioner Benedicto O. Buenaventura, Jr. was hired as a laundryman by respondents. On December 25, 2012, while on board the vessel, he allegedly slipped and injured his left shoulder. He was repatriated and treated by company-designated physicians, who performed surgery on his shoulder. After therapy, the company doctor issued a final report on July 8, 2013, assessing his disability at Grade 12 for the neck and Grade 11 for the shoulder. Buenaventura subsequently consulted independent physicians, who declared him unfit for sea duty. He then filed a complaint for total and permanent disability benefits under the Collective Bargaining Agreement (CBA), which provides higher compensation for injuries resulting from an accident.
The Labor Arbiter and the National Labor Relations Commission ruled in favor of Buenaventura, awarding him total permanent disability benefits. They found that his injury was caused by a work-related accident. The Court of Appeals reversed this decision, holding that Buenaventura failed to substantiate his claim of an accident and, crucially, failed to refer the conflicting disability assessments to a third doctor as required by the Philippine Overseas Employment Administration-Standard Employment Contract (POEA-SEC) before filing his complaint.
ISSUE
Whether or not petitioner Benedicto O. Buenaventura, Jr. is entitled to total and permanent disability benefits.
RULING
No. The Supreme Court denied the petition and affirmed the decision of the Court of Appeals. The Court emphasized the mandatory procedure under Section 20(A)(3) of the POEA-SEC, which governs the resolution of conflicting medical assessments. The rule requires that if a seafarer’s personal doctor disagrees with the assessment of the company-designated physician, the parties shall agree on a third doctor whose decision shall be final and binding. This procedure is a condition precedent for claiming disability benefits.
The Court found that Buenaventura failed to comply with this mandatory procedure. He consulted independent doctors without the knowledge of the respondents and subsequently filed his complaint without first seeking a binding third-doctor opinion. By unilaterally bypassing this procedural step, he forfeited his right to claim disability benefits. The law intends this mechanism to provide an objective resolution, and a seafarer cannot simply disregard it and resort immediately to litigation. Furthermore, the Court noted that the company-designated physician issued a timely and specific disability grading within the 240-day period, which Buenaventura did not properly contest through the prescribed channel. Consequently, his claim for higher benefits under the CBA could not be granted.